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Defaulted Payday Loan Now in Collections

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Hit From Behind

Junior Member
What is the name of your state? Wisconsin

About a month or so ago I wrote that I had defaulted on a payday loan and was willing to work with my local consumer credit counseling agency to pay it back to the original creditor, but they refused to work with me (their right I guess). They then threatened to send a letter garnishing my wages to my employer (because I had signed a wage assignment agreement when I first obtained the loan--I know, a lesson learned). They proceeded to send their wage assignment to my employer, who, being in Wisconsin refuses to honor it (thankfully), as they need to obtain a formal judgement (court order) to proceed against me.

Basically, bottom line, I am already garnished for #1) child support at 25% and #2) a Ch. 13 bankruptcy with 48 months remaining, so I believe even if they did get a judgement, they might have to wait in line (??)

Today I got a call at work from someone I believe was posing as an attorney, but I believe they were really a third party collection agency, saying they were sending a warrant out for my arrest (for fraud), etc. and they even went so far as to contact our office manager to get my employer's address (which I know they already have) so that she would then come to me to intimidate me further into thinking they were going to show up at my place of work. Being that this call originated from a Florida location (I listened to the news there while being placed on hold trying to call them back), and the fact that the supposed "attorney" said to his "paralegal" to close his door immediately and send the "State Attorney General" in, I almost laughed--I have to believe this is a total scare tactic, which it just basically had the opposite effect of doing. When I told him this, he hung up on me, which reinforced the fact that he was not, indeed, an attorney at all.

This is no longer in the hands of the original creditor--can I do something to stop harassing calls at work like this (fortunately my office manager was very understanding). I did manage to get the name of the supposed law firm, but I truly believe it's just a collection agency.

Any thoughts/advice would be greatly appreciated.
 


Ladynred

Senior Member
Send them a cease and desist letter telling them that they are NOT to call you at work as it is forbidden by your employer. Tell them they are to contact you by MAIL ONLY.

Posing as an attorney is a violation of the FDCPA and so is calling you at work once you tell them to stop.

Send the letter certified RRR and keep copies of everything. If they call you at work AFTER you get the green card back, keep a record of every call - each one is a violation. Threatening legal action they cannot take is also a violation. I also don't know of ANY state where one can just call the sheriff's office and get a warrant for someone's arrest. The State AG??? That's just too darned funny !!
 

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